Who needs a work permit to work in Canada?

Everyone usually needs a work permit to work in Canada.

Who doesn’t need a work permit to work in Canada?

In some cases, some people can work without a permit as follows:

Athletes or coaches, Aviation accident or incident investigators, Business visitors, Civil aviation inspectors, Convention organizers, Crew members, Emergency service providers, Examiners and evaluators, Expert witnesses or investigators, Family members of foreign representatives, Foreign government officers or representatives, Health care students, Judges, referees or similar officials, Military personnel, News reporters or film and media crews, Producers or staff members working on advertisements, Performing artists, Public speakers, Religious leaders, Short-term highly-skilled workers, Short-term researchers, Students working off-campus, Students working on-campus

General conditions for all applicants for work permits

Depending on where and what type of work permit you are applying for, there are some conditions that you must meet. But no matter where you apply or what type of work permit you apply for, you must:

• Prove to an immigration officer that you will leave Canada after your work permit expires.
• Show that you have enough money to take care of yourself and your family members during your stay in Canada and when you return home.
• Obey the law and have no criminal record (you may be required to provide a police certificate).
• Not be a danger to the security of Canada.
• Be healthy and will undergo a medical examination if needed.
• Not work for an ineligible employer listed in the list of employers who failed to meet the requirements.
• Not intend to work for an employer that provides striptease, erotic dance, escort services or erotic massages services.

Provide any other documents required by the immigration officer to prove that you can enter Canada.

There are 2 types of work permits:

• Open work permits
• Employer-specific work permits.

Open-work permits

An open- work permit allows you to work for any employer in Canada except:

Those who are listed as  ineligible employers on the list of employers who have failed to comply with the conditions or who regularly offer striptease, erotic dance, escort services or erotic massages

You can only apply for an open work permit in specific situations.

Employer-specific work permits

An employer-specific work permit allows you to work under the conditions on your work permit, which include:

• The name of the employer you can work for
• How long you can work
• The location where you can work (if applicable)

 

Employer-specific work permit applicants

The employer must have completed all of the required steps for an employer-specific work permit which are obtaining an LMIA or an offer of employment number.

An LMIA confirms:

• There is a need for a temporary foreign worker
• No Canadians or permanent residents are available to do the job

In some cases, the employer is exempt to obtain an LMIA to hire a temporary foreign worker.

How to get an LMIA

The employer must apply for an LMIA to the Employment and Social Development Canada (ESDC)

The LMIA application process depends on the type of program you’re hiring through:

• High-wage occupations
• Low-wage occupations
• Workers through the Seasonal Agricultural Worker Program
• Workers through the Agricultural Stream

Once an LMIA has been issued, the employer should provide a copy of the LMIA to each temporary foreign worker and ask them to apply for a work permit.

Work permit application

Before you submit your work permit application, your employer must give you:

• A copy of the positive LMIA, and
• Your job offer or a copy of the contract.
• You must also meet the general eligibility requirements for a work permit.

You can only apply for a work permit from inside Canada if:

• You have a valid study permit or work permit.
• Your spouse, common-law partner, or parents have a valid study or work permit.
• You are eligible for a work permit after graduation and your study permit is still valid.
• You have a temporary residence permit valid for six months or more.
• You are awaiting a decision on your application for permanent residence in Canada.
• You have applied for refugee protection.
• You’ve been recognized as a convention refugee or protected person by the Immigration and Refugee Board of Canada;
• You are allowed to work in Canada without a work permit, but you will need a work permit to work in another job (this does not apply to business visitors). Or
• You are a trader, investor, intra-company transferee or professional under the Canada-US-Mexico (CUSMA) Agreement.

You should apply for your work permit before you travel to Canada.

However, you can apply for a work permit when you enter Canada if you’re eligible.

To apply at a port of entry (POE), you must meet all of the following:

• Be eligible for an Electronic Travel Authorization or to travel without a visitor visa
• Be eligible to enter Canada while COVID-19 travel restrictions are in place
• Meet other requirements depending on the type of work permit you’re applying for
• Seasonal Agricultural Worker Program

If you’ll be working in the Seasonal Agricultural Worker Program, you’re not eligible to apply for a work permit at a POE.